Diane Greeley v. Newton, City of - Law Department (SPR 20252558)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 11, 2025 SPR25/2558 Jaclyn R. Zawada, Esq. Assistant City Solicitor City of Newton 1000 Commonwealth Avenue Newton Centre, MA 02459 Dear Attorney Zawada: I have received the petition of Diane Greeley appealing the response of the City of Newton (City) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On July 29, 2025, Ms. Greeley requested: [1] …The quarterly reports submitted by Riverside Community Care to Newton’s Director of Social Services, as per the Grant Agreement for Mental Health Services between Riverside Community Care and the City of Newton for FY2023[;] and [2] The biannual reports submitted by Riverside Community Care to Newton’s Director of Social Services, as per the Grant Agreement for Mental Health Services between Riverside Community Care and the City of Newton for FY2024 and FY2025… Prior Appeal This request was the subject of a prior appeal. See SPR25/2298 Determination of the Supervisor of Records (August 21, 2025). In my August 21st determination, I ordered the City to clarify whether the requested records were destroyed or did not initially exist. The City responded on August 26, 2025. Unsatisfied with the response, Ms. Greeley petitioned this office and this appeal, SPR25/2558, was opened as a result. Subsequent to the opening of this appeal, the City provided a further response on August 28, 2025. One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Jaclyn R. Zawada, Esq. SPR25/2558 Page 2 September 11, 2025 The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10A(d); 950 C.M.R. 32.03(4). “Public records” is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency or municipality of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records custodian must provide the responsive records. The City’s August 26th response In its August 26, 2025 response, the City informed Ms. Greeley that records responsive to Item 2 of the request had never existed. Current Appeal In her August 27, 2025 petition to this office, Ms. Greeley stated that the City had not addressed “…the FY2024 First Half Biannual report submitted by Riverside Community Care to Newton’s Director of Social Services, as per the Grant Agreement for Mental Health Services between Riverside Community Care and the City of Newton for FY2024.” In its August 28, 2025 response, the City informed Ms. Greeley that she had previously been provided with the reports sought, and produced additional copies of said reports. Subsequently on August 28, 2025, the City confirmed that these were the only such reports in the City’s possession. No Duty to Create Records Please be advised, under the Public Records Law a custodian is not required to create a record in response to a public records request. See G. L. c. 66, § 6A(d). In addition, a public employee is not required to answer questions, or do research, or create documents in response to questions. See 32 Op. Att’y Gen. 157, 165 (May 18, 1977). The duty to comply with requests for records extends only to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii).

Jaclyn R. Zawada, Esq. SPR25/2558 Page 3 September 11, 2025 Conclusion Given that all responsive records have been provided, and this office has no authority to compel the City to create records, I will now consider this administrative appeal closed. If Ms. Greeley is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, §§ 10(b)(ix), 10A(c) (pursuing administrative appeal does not limit availability of judicial remedies). Sincerely, Manza Arthur Supervisor of Records cc: Diane Greeley